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Bill > H0717


FL H0717

FL H0717
Consumer Protection


summary

Introduced
02/03/2021
In Committee
04/22/2021
Crossed Over
Passed
Dead
04/30/2021

Introduced Session

2021 Regular Session

Bill Summary

An act relating to consumer protection; amending s. 501.0051, F.S.; prohibiting consumer reporting agencies from charging to reissue or provide a new unique personal identifier to certain consumers, rather than authorizing such agencies to charge the customers' representatives; amending s. 624.307, F.S.; revising a requirement for persons licensed or authorized by the Department of Financial Services or the Office of Insurance Regulation to respond to the department's Division of Consumer Services regarding consumer complaints; amending s. 624.501, F.S.; deleting a fee for adjusting firm licenses; amending s. 626.112, F.S.; removing a provision requiring the department to automatically convert registrations of approved registered insurance agencies to insurance agency licenses; prohibiting unlicensed activity by an adjusting firm unless the firm complies with a specified requirement; providing an exemption; providing an exemption from licensure for branch firms that meet certain criteria; providing an administrative penalty for failing to apply for certain licensure; providing a criminal penalty for aiding or abetting unlicensed activity; creating s. 626.5813, F.S.; defining the term "claims adjusting"; prohibiting a person from providing claims adjusting services unless the person meets specified requirements; amending s. 626.602, F.S.; authorizing the department to disapprove the use of insurance agency names containing the words "Medicare" or "Medicaid"; providing a time-limited exception for certain insurance agencies; prohibiting relicensing of insurance agencies using such names; providing for future expiration of such licenses; providing an exception from future expiration; amending s. 626.621, F.S.; adding grounds on which the department may take certain actions against a license, appointment, or application of certain insurance representatives; amending ss. 626.782 and 626.783, F.S.; revising the definitions of the terms "industrial class insurer" and "ordinary-combination class insurer," respectively, to conform to changes made by the act; repealing s. 626.796, F.S., relating to the representation of multiple insurers in the same industrial debit territory; amending s. 626.854, F.S.; revising the timeframes in which an insured or claimant may cancel a public adjuster's contract to adjust a claim without penalty or obligation; requiring that certain public adjuster's contracts include a specified disclosure; specifying requirements for written estimates of loss provided by public adjusters to claimants or insureds; prohibiting licensed contractors and subcontractors from engaging in certain activities unless licensed and compliant as public adjusters; amending s. 626.916, F.S.; providing a disclosure requirement that an insurance coverage must meet before being eligible for export under the Surplus Lines Law; amending s. 626.9541, F.S.; adding certain acts or practices to the definition of the term "sliding" as unfair methods of competition and unfair or deceptive acts; amending s. 626.9741, F.S.; requiring an insurer's notification regarding certain credit report or score information to include specified language under certain circumstances; amending ss. 626.9953, 626.9957, and 627.062, F.S.; conforming cross-references; amending s. 627.502, F.S.; prohibiting a life insurer from writing new policies of industrial life insurance beginning on a certain date; amending s. 627.70131, F.S.; providing that communication made to or by an insurer's representative, rather than to or by an insurer's agent, constitutes communication to or by the insurer; replacing the defined term "agent" with the term "representative"; revising the timeframe in which an insurer must begin an investigation after receipt of proof of loss statements; requiring an insurer- assigned licensed adjuster to provide the policyholder with certain information; specifying information that must be included in certain communication with the policyholder regarding a claim; requiring an insurer to keep records of the licensed adjusters interacting with policyholders; requiring an insurer to establish a process to provide the policyholder, the office, or the department with a list of adjusters associated with a claim; requiring an insurer to include specified notices when providing preliminary or partial damage estimates or claim payments; providing applicability; creating s. 627.7031, F.S.; prohibiting foreign venue clauses in property insurance policies; providing applicability; amending s. 627.7142, F.S.; revising circumstances under which an insurer must provide a Homeowner Claims Bill of Rights to a policyholder; revising information contained in the Homeowner Claims Bill of Rights; conforming provisions to changes made by the act; amending s. 631.57, F.S.; deleting a deductible on the obligation of the Florida Insurance Guaranty Association, Incorporated, as to certain covered claims; amending s. 631.904, F.S.; revising the definition of the term "covered claim" to exclude certain premium returns; amending s. 648.30, F.S.; providing penalties for a licensed bail bond agent or temporary bail bond agent who knowingly engages in certain activities; providing effective dates.

AI Summary

This bill makes several changes to consumer protection laws in Florida: It prohibits consumer reporting agencies from charging a fee to reissue or provide a new unique personal identifier to certain consumers. It requires persons licensed or authorized by the Department of Financial Services or Office of Insurance Regulation to respond to consumer complaints within 20 days and provide any requested documents. It removes a fee for adjusting firm licenses and makes changes to the licensing requirements for adjusting firms, including imposing penalties for unlicensed activity. The bill also prohibits life insurers from writing new policies of industrial life insurance after July 1, 2021, requires insurers to provide policyholders with certain information when making partial claim payments or providing preliminary damage estimates, and prohibits foreign venue clauses in property insurance policies. Additionally, the bill makes changes to public adjuster contracts and regulations, revises the definitions of "industrial class insurer" and "ordinary-combination class insurer", and makes other updates to insurance laws in Florida.

Committee Categories

Budget and Finance, Business and Industry

Sponsors (3)

Other Sponsors (2)

Commerce Committee (House), Insurance and Banking Subcommittee (House)

Last Action

Laid on Table; companion bill(s) passed, see CS/CS/SB 1598 (Ch. 2021-104), CS/CS/CS/SB 76 (Ch. 2021-77) (on 04/27/2021)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://www.flsenate.gov/Session/Bill/2021/717
Analysis - Insurance and Banking Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/717/Analyses/h0717z1.IBS.PDF
Analysis - Insurance and Banking Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/717/Analyses/h0717z.IBS.PDF
Bill https://www.flsenate.gov/Session/Bill/2021/717/BillText/c2/PDF
Analysis - Commerce Committee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/717/Analyses/h0717e.COM.PDF
Analysis - Commerce Committee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/717/Analyses/h0717d.COM.PDF
State Administration and Technology Appropriations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/717/Analyses/h0717c.SAT.PDF
State Administration and Technology Appropriations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/717/Analyses/h0717b.SAT.PDF
Bill https://www.flsenate.gov/Session/Bill/2021/717/BillText/c1/PDF
Analysis - Insurance and Banking Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/717/Analyses/h0717a.IBS.PDF
House Committee Amendment #133817 https://www.flsenate.gov/Session/Bill/2021/717/Amendment/133817/PDF
House Committee Amendment #193781 https://www.flsenate.gov/Session/Bill/2021/717/Amendment/193781/PDF
Analysis - Insurance and Banking Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/717/Analyses/h0717.IBS.PDF
Bill https://www.flsenate.gov/Session/Bill/2021/717/BillText/Filed/PDF
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